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Walter P. Reed v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-30296 · judgment November 5, 2018


Certiorari denied · May 28, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether Petitioner was denied due process by the “lack of notice” of (1) the federal prosecutors’ hindsight interpretation of the phrase “unrelated to the campaign or the holding of public office” contained in the State Campaign Finance statute and (2) an objective and consistent legal standard to adjudge his conduct.

  2. Whether when federal mail or wire fraud charges concern conduct in an area heavily regulated by state law, evidence concerning the custom and practice under applicable state law may be excluded on the ground that the charges are federal.

  3. Whether a twenty-year (1994-2014) criminal forfeiture under Title 28 U.S.C. §2461(c) and §981: (a) should be limited to the time period after the 2005 amendments to 28 U.S.C. §2461(c) (USA Patriot Act) because there was no statutory basis for a criminal forfeiture for the mail and wire fraud charged in the Indictment or alternatively (b) the forfeiture should be limited by the five-year statute of limitations applicable to the underlying wire and mail fraud counts.

Counsel of record

For petitioner
Richard T. Simmons Jr.
Hailey, McNamara, Hall, Larmann & Papale

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Related
Vide, 18-9001

Proceedings

  1. May 28 2019
    Petition DENIED.
  2. May 07 2019
    DISTRIBUTED for Conference of 5/23/2019.
  3. Apr 30 2019
    Waiver of right of respondent United States of America to respond filed.
  4. Apr 22 2019
    Petition for a writ of certiorari filed. (Response due May 24, 2019)